Protecting recipes with the traditional tools of intellectual property is difficult. That’s why so many valuable recipes are maintained by their owners as trade secrets. Thomas English Muffins, Coca-Cola, KFC Fried Chicken, Chartreuse, and Mrs. Fields Chocolate Chip Cookies are a few well-known examples. But that does not deter some people from pushing the envelope […]
All posts by: Adam Garson
Victory for Tattoo Artists
May 2, 2024
Copyright
In 2014, we wrote about copyright litigation involving Mike Tyson’s Maori-inspired facial tattoo. The tattoo artist, Victor Whitmill, sued Warner Brothers Entertainment in an attempt to stop the release of the movie, “The Hangover Part II,” in which one of the characters was tattooed in an identical manner to Mike Tyson. Recall that the wearer of a […]
Non-Fungible Tokens Revisited
April 4, 2024
Intellectual Property, Internet Law, Trademark
Remember NFTs (“Non-Fungible Tokens”)? As a reminder, an NFT is a type of digital asset that represents ownership or proof of authenticity of a unique item or piece of content, such as artwork, music, videos, or collectibles, using blockchain technology. Unlike cryptocurrencies like Bitcoin, which are fungible and can be exchanged on a one-to-one basis, NFTs […]
A ‘design patent’ is a monopoly granted by the government to make, use and sell a product having a particular appearance. Design patents protect how a product looks, not what it does. A person who copies a product protected by a patent, including a product protected by a design patent, will be ordered to stop […]
‘Trade Names’ or ‘Trademarks’?
March 7, 2024
Trademark, Uncategorized
Do you know what distinguishes a trade name from a trademark? Clients frequently ask us to file a trademark application for the name of their company without any understanding of whether the company name is being used as a trademark. So, what is the difference? To put it simply, a trade name under section 45 of the […]
Trader Joe’s and the Long-Arm Reach of the Lanham Act
February 26, 2024
Trademark
If you thought that you were immune from prosecution for infringing a U.S. registered trademark in a foreign country, be forewarned. In late 2011, Michael Norman Hallatt, a Canadian citizen and U.S. Lawful Permanent Resident, began visiting a Bellingham, Washington Trader Joe’s (“TJ’s”) store several times a week to buy large quantities of Trader Joe’s […]
3 Things First Time Inventors Should Know
February 19, 2024
Trademark
Trademarks and First-Time Inventors Understandably, the solo inventor wants to focus on her invention. Does it work as designed? Who shall I hire to create a prototype? Where shall it be manufactured? How and when shall it be protected by patent? Can I afford it? These are important concerns but they should not be the […]
As a Philadelphia-area law firm, we can’t resist talking about Philadelphia Eagles-related trademarks. Most Eagles fans and anybody who’s watched a Philadelphia Eagles game are familiar with the “brotherly shove” play. You’re not a football fan, let us explain. The “Brotherly Shove” football play — also referred to as the “tush push” — is essentially a […]
“Everybody vs. Racism” is a Nice Sentiment, but is it a Trademark?
December 14, 2023
Trademark
We are frequently requested to file trademark applications for popular slogans, whether political or otherwise. Sometimes such slogans may be registrable but only if the mark acts as a source identifier and is used accordingly. Often, the applicant simply wishes to monetize the use of a popular slogan that everybody else uses without any thought […]
Trade Dress: Where Patents and Trademarks Converge
November 27, 2023
Trademark
Trademarks provide important intellectual property protection to businesses and to their products. Trademarks identify the source or origin of goods or services. A related sub-concept of trademarks that also provides broad intellectual property protection to a business is the concept of trade dress. Trade dress protects a product’s unique design, look and feel. It covers […]